No Big Deal if Your Logo is Similar to Another?
Is it really no big deal if your logo is similar to another company’s logo?
You might change your mind after reading this.
When Quark Inc. ditched it’s logo for a new one, several eyebrows were raised as there were quite a few other logos that looked very similar. Was it a giant conspiracy or mere coincidence? Do great minds really think alike? Unless we do a forensic-style research and investigation, we would not know which of these many designs came first and which, if any, “inspired” the others.
Nobody in serious business intentionally copies another’s corporate logo. That would be as good as commercial suicide, since legal suits will surely follow. Most me-too logos come about because people were impressed by the market leader’s logo or believe that it made sense to imitate the market leader as closely as possible. They were therefore inspired to adapt by tweaking and adjusting several components before they exclaimed “viola”. To have an original design can be challenging. It’s just like music. There are 12 notes to an octave and you might hit on the same tune with another music when you mix and match the notes. There’s “nothing new” under the sun.
To protect their intellectual property, some companies register trademarks. However, you can only file within your category. You simply cannot prevent another company calling themselves “Apple” or “Borders”. If all trademarks covered all uses, we would have run out of possible brand names and company names a long time ago.
Investing in a trademark does not guarantee a unique trademark. One famous example is from 1976 when NBC (National Broadcasting Company) released its new logo. That new logo cost a whopping USD600,000 to design. Even 30 years on, this amount is still down right awesome. The much-hyped about unveiling was soon over with a storm rising. Nebraska Educational Television Network pointed out that it had been using the same mono colour for many years. And, the design fee was a mere USD100. Since both companies were in the broadcast business, NBC had to reach a settlement with the Nebraska ETV Network. You would have thought that NBC would know all about it’s competitors but this is obviously not so.
Closer to home is the logo war between two famous bakkwa (barbecued sweetmeat) shops, Bee Cheng Hiang and Fragrance. In a half-page notice run in major dailies, Bee Cheng Hiang Hup Chong Foodstuff had placed its own logo, the Chinese character for “fragrant”, side by side with the logo of Fragrance Foodstuff which includes a stylistic representation of the same Chinese character. The notice sought to clarify that the two companies were unrelated. Fragrance then obtained summary judgment in the High Court (the second highest court in Singapore, from which appeals proceed to the highest, the Court of Appeal) against Bee Cheng Hiang for infringing the former’s copyright by using its logo, which was also a registered trade mark, without permission. The judge found that Bee Cheng Hiang’s notice subtly suggested that Fragrance’s bakkwa was inferior to its own. Also, the notice misled people into perceiving Bee Cheng Hiang had first use of the Chinese character “xiang”, and that Fragrance was a newbie to the bakkwa industry. This legal case simply point out that logo similarities would cause conflict between rivalry companies and confusion to customers.
So now what? Trademark does not provide total protection. Brand owners and designers cannot know in advance if the new or revamped logo resembles another’s. Paying top money to market research companies or designers may still earn you a legal suit. I honestly don’t have a clear answer on that. You can DIY your logo, buy a logo software or pay someone else to do it. Just think carefully what’s the story behind the logo and proceed with your logo design with all honesty, integrity and passion. At the end of the day, your conscience is clear even though you got an unwanted and undeserved law suit pending.
Talk to us if you need a logo or intend to revamp one.
Source: CreativePro, Drew & Napier LLC
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14 Replies to “No Big Deal if Your Logo is Similar to Another?”
Hey Vivienne,
I don’t want a lawsuit to fight against.. That will really take up most of my capital and my precious time wasted which I could use it to earn money.
But it’s really a good idea to copy certain nice designs but please don’t over-do it.
I will still go all out for my own unique design though as I’m a rather graphic person.
Nice article!
Success,
Erwin
Wow! I can see that this could be a huge problem. Thanks for this insightful article.
I only designed a logo once, back when I was employed in a corporation. It was for a product and not a company. It was mostly the initials of the product in a particular font and color.
Thanks again!
Erwin: Having your own identity is certainly better than merely modelling after another.
Laura: I’m sure commercial copywriting pose similar challenge too. I was at a seminar recently and even the facilitator said copy “modelling” is one quick way to success.
Thks. Good Info.
Oh yes I completely agree with you. I create logos for a living and it is just so hard to make sure and not create a logo that is the same as another logo. I have to do so much research before I can even begin creating a new logo for a contracted company and the act of researching has done me well. Nice post!
Also, so far I have not created a logo that is similar enough to another company’s logo to cause problems but I have heard a lot of other people getting into quite a bit of trouble because they lacked on researching the topic thoroughly. I plan to let a few of them know about this article so that they may see the importance of researching before creation.
Hi Stephanie
Thank you for your kind words. When we started Versa, I wanted an unique, one-of-the-kind logo yet timeless and classy. That will avoid the issues I listed in the above post. I was very happy when our design director conceptualized a mirror-image logo. No matter which side you see from, the image remains the same. It was useful even as an ice-breaker when we hand out our business clients to prospective client.
thnx for the the great info :)
Even with a tonne of research you can check against every logo in existence. The most important thing is that the logo works best for you.
Hi Andrew
I agreed with you on that. :)
The Australia Network has a similar logo to Quark and the Scottish Arts council as well.
Thanks for such a great article! I was in quest of such an informatove article. Presently I am working on similar subject since I have found some ‘copycat’ tendendencies in my own country
that is really going against the interest of my organization (my employer-the largest life insurance company of India http://www.licindia.in). The most interesting thing I found is that a Sanlam-a leading life insurance company of South Africa ( http://www.sanlam.co.za) is in my list too. Their logo is identically similar to ours. I did not find even a single logo that looks so similar earlier in this arena.
I wrote to them a few days ago pasking the chemistry of this and
I have been ansewerd –
”
———- Forwarded message ———-
From: “Erna Wetzel”
Date: Nov 15, 2011 4:05 PM
Subject: Logo used by Sunlam
To: “Kelly Paulse” , “Nandi Scorer” , “pradeep.ray.here@gmail.com”
Cc: “Johan Bester”
Good day – your e-mail to the arbitrator’s office of Sanlam Life Insurance Limited in South Africa refers .
1. I presume you are referring to the similarities between the two companies’ logo’s? ( LIC attached). I can assure you that it is purely co-incidental, and there is no intention of piracy.
2. Sanlam is a well-established company who started out as early as 1918 in South Africa.
3. Our current logo was designed in 1973, and has been in use since then
4. This logo has been registered as a Trade Mark in South Africa in 1973 and also elsewhere in the world, where we do business.
5. When registering Trademarks , IP – searches are not necessarily done, nor registered world-wide, and since LIC does not do business in SA, and until recently Sanlam has not done business in India, it was not a concern. Both companies’ logos have been registered in their respective countries of origin – which is the most important. One cannot really object to another party using a similar logo in a country where you do not do business, or have not registered such logo as a Trade Mark
For your information though, Sanlam is currently branching out to India, and have applied to have our logo registered there. However, we have already been informed by your India Registrar of IP that our logo will not be able to proceed to registration due to LIC’s long standing rights.
Is there anything else I can help you with to set your mind at ease that we are very proud of our long standing Sanlam trademark, and we will definitely not intentionally “ steal” someone else’s concept?
Please contact me directly at above e-mail address should you want to discuss this further.
Kind regards and good luck with your research.
ERNA WETZEL
BRAND MANAGER
Sanlam: Business & Professional Markets
2 Strand Road, Bellville 7530, South Africa
PO Box 1, Sanlamhof 7532, South Africa
Tel +27 21 947 4506
Fax +27 21 947 6078
Mobile +27 82 854 3177
Web http://www.sanlam.co.za
e-mail erna.wetzel@sanlam.co.za
pradeep ray
11/11/2011 22:17
To
arbitrator@sanlam.co.za
cc
Subject
Logo used by Sunlam
Dear sir,
I am presently preparing a research article on “Logos of life insurance companies. I have searched internet a lot and found some unpleasant items . These are ,unfortunately the cases of stealing intellectual properties .
Many of the companies have simply stolen the uunique logo used by the “life insurance insurance corporation of India “-the largest life insurance company of India (established by the government of india india in the year 1956 under life insurance corporation act./www.licindia.in).
The speciality of Sunlam life is their copycacat ability. This is nothing but a case of piracy.
This may kindly be looked into for further action .
With regards
Pradeep Ray
India
Please click on the following link for terms of use of this communication: http://www.sanlam.co.za/email-terms-of-use
Please click on the following link for terms of use of this communication: http://www.sanlam.co.za/email-terms-of-use ”
It should be noted that my company (Life Insurance Corporatoion of India, popularly known as LIC) created the logo in the year 1956 whereas Sanlam
designed the same in 1973. This is not their first ever design. This the most probably the 8th avatar of their logo that is completely different from their earlier versions!
And if they are correct in terms of copyright & ip act as per their explanation given in their email, then is it possible to rename xyz cola as ‘Coke’ or ‘Pepsi’ where these giants is inoperative?
What would you say?
Please tell me something new.
Pradeep Ray,
Calcutta, India
Hey there!
It is such a good post. But then again in the business of today, uniqueness is better and its okay to have almost the same logos but LAWSUITS are going to take your bank account and funds.
Love the blog post. Cheers!
Melissa
WhiteSpaceInternational
LOL… in short, it is still better to keep the distance and be different. Glad that you like the post.